USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 58
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And be it further enacted, that if any person or persons shall commit any trespass on the aforesaid farm or lot of land, of what name or nature soever, the said Andrew shall have and maintain his action of trespass, according to the laws, usage and customs of this State ; and this act giv- en in evidence, shall be, and hereby is declared to be conclusive evidence to any court of law in this State, of the legal possession of said farm or lot of land being said Andrew Graham's.
Provided nevertheless, that nothing contained in this act shall be con- strued to bar or preclude any person or persons, from having and main- taining his or their actions of ejectment, who claim the title of said farm.
LAWS PASSED AT WINDSOR, OCTOBER SESSION, 1785.
AN ACT for settling disputes respecting landed property.
Whereas, many persons have purchased supposed titles to land within this State, and have taken possession of such lands under such titles, and made large improvements on the same ; and who, having no legal title to such lands, must, if the strict rules of the common law be attended to, be turned off from their possessions, made at great expense.
Be it enacted, &c. that when any person or persons, in the actual pos- session and improvement of lands to which he, she, or they, so in posses- sion, or those under whom they hold, had purchased a title, supposing at the time of purchase, such title to be good in fee, and having, in conse- quence of such purchase, entered and made improvements upon such
501
LAWS PASSED, OCTOBER, 1785.
lands, shall be prosecuted before any court by action of ejectment, or any other real or possessory action, to final judgment, and judgment shall be given against such person or persons in possession as aforesaid, such per- son or persons as aforesaid, against whom judgment shall be finally given as aforesaid, shall have right, by action, to recover of the person or per- sons in whom the legal right shall be found by such judgment, the value of the improvements and betterments made on such lands by such posses- sor or possessors, or those under whom they hold : and the manner of process sliall be, that the recoveree or recoverees in such action as afore- said, shall, within forty-eight hours after judgment, or during the sitting of said court, file a declaration, in an action of the case, against the re- coveror or recoverors, for so much money as the estate is inade better as aforesaid, in the clerk's office of the court where such judgment was ob- tained, which shall be deemed a sufficient notice to the adverse party to appear and defend in such action on the case, at the next session of said court, whether stated or adjourned ; and the court, on motion made, shall order the writ of seizin or possession to be stayed until the last action a- foresaid be determined ; and the land recovered by such judgment, sliall be holden to respond the judgment (if any there be in favor of the pos- sessor or possessors ) as fully as though the same had been attached by mesne process ; and if, on trial, it shall be found necessary that a view be had of the premises, to ascertain how much the estate is made better as aforesaid, the court. on motion made by either party, may grant such view ; and all the reasonable charges arising by such view, shall be paid by the party moving for the same.
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And be it further enacted, that the jury, in estimating the value of the improvements, shall assess the value of the lands as they were when the settlement was begun by the possessor or possessors; and shall also assess the value of such lands at the time of such assessnient, as if the same were then uncultivated, and shall allow to the possessor or possessors, the one Iralf of what such lands have arisen in value, and shall, in addition thereto, assess to the possessor or possessors, the just value of making the improvements, with the buildings and other betterments made on such lands by the possessor or pessessors, or those under whom they hold ; and if any doubt shall arise respecting the quantity of such land to be estimated by the jury, it is hereby declared to be the duty of such jury, to appraise the improvements and betterments on all the land described in such action.
And be it further enacted, that when any person or persons who have entered and made improvements on lands to which he, she, or they, had no such supposed title as aforesaid, shall be prosecuted before any court, by action of ejectment, or other real or possessory action, and judgment shall be finally given against such possessor or possessors, he, she, or they, shall have a right to recover of the legal owner thereof, the value of his, hier, or their improvements, to be estimated in manner as aforesaid ; excepting that such possessor or possessors shall have no allowance for the rise of the land ; and the same manner of process shall be had, and the lands shall be holden to respond the judgment obtained by said pos- sessor or possessors, as is before provided in this act.
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502
LAWS PASSED, OCTOBER, 1785.
Provided always, and be it further enacted, that this act shall not ex- tend to any thing future, or to any person or persons, who have taken possession of land to which they liave no supposed title, after the first day of October, 1780 ; or to any person or persons who have taken posses- sion of lands to which they have no legal title, after the first day of July, 1785 ; and that no person who hatlı ousted the rightful owner, or gotten possession of any improved estate by ouster, (otherwise than by a legal process) shall take any advantage or benefit by this act.
Be it further enacted, that if the plaintiff in the action of the case a- foresaid, shall recover judgment in said action, no execution shall be granted in such case, until the expiration of six months after said judg- ment is recovered ; and the writ of seizin or possession, shall be further stayed until the expiration of the said six months, unless the defendant in said action of the case, satisfy said judgment, either to the plaintiff recov- ering such judgment, or by paying the full sum of damages and cost so recovered, into the hands of the clerk of said court, for the plaintiff's use ; in which case the clerk shall give a receipt for the sum so paid, and enter such judgment satisfied, and a writ of seizin or possession shall im- mediately issue.
Be it further enacted, that the defendant, in the declaration filed for damages as before mentioned in this act, shall not be allowed to demur to said declaration after the second day of the sitting of the conrt in which said action for damages is to be tried as aforesaid ; and if judgment shall be given on demurer in favor of the defendant, the plaintiff, within twenty- four hours after such judgment, or during the sitting of said court, shall have full liberty to file another declaration for the purposes intended by this act ; and a trial shall be liad in said action as soon as may be, after filing said last mentioned declaration ; and the writ of seizin or posses- sion shall be stayed, and the land shall be holden to respond the judgment as before is provided in this act.
Be it. further enacted, that all actions commenced for the trial of the title of lands, or declaration filed for damages as aforesaid, shall be taken up in the same stage in which they were when the trial of them was sus- pended by the General Assembly, in October, 1783, and be prosecuted accordingly.
And be it further enacted, that where any prosecution has been com- menced before the passing of this act, by action of ejectment, or other real or possessory action, before any court, against any person in posses- sion as is before mentioned in this act, and judgment has been rendered in favor of the plaintiff, whether such judgment be final or not; or whether writ of seizin or possession on such judgment has been issued or not ; and whether such possessor or possessors shall liave been put out of said possession or not ; such writ of scizin or possession, if not executed, shall be stayed for the term of six months from the passing this act ; in which time, suchi possessor shall have liberty (by paying to the plaintiff, in such action of ejectinent or writ of right, all his just costs in such action, and giving him, or his attorney, twelve days notice in writing, when and where he will file a declaration for the purposes intended by this act) to file a declaration in an action of the case, with the clerk of the court in which the plaintiff's action of ejectment, or other real or possessory action, was first commenced, and shall have all the advantages intended by this ast.
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503
LAWS PASSED, OCTOBER, 1785.
Provided always, and it is hereby enacted, that this act shall not ex- tend to any person or persons settled on lands granted or se questered for public, pious, or charitable uses ; nor to any person who has gotten the possession of lands by virtue of any contract made between him and the legal owner or owners thereof.
. Provided also, and be it further enacted, that nothing in this act shall be construed to deprive any person of his remedy at law against his voucher.
Be it further enacted, that no writ of right, or other real action, no action of ejectment, or other possessory action, of what name or nature soever, shall be sued, prosecuted or maintained, for the recovery of any lands, tenements, or hereditaments, where the cause of action has accrued before the passing this act, unless such action be commenced within three years next after the first day of July, in the present year of our Lord one thousand seven hundred and eighty-five.
AN ACT to repeal a certain clause in an Act, entitled, An Act for the regulating Fees, passed at Westminster, October 17, 1783.
Whereas, it appears that those who live without this State, that com- mence suits at law within this State, have greater fees for crossing the line of this State than is allowed by the neighboring States :
Which to prevent,
Be it enacted, &c. that a certain clause in an act, entitled, “ An Act regulating Fees," passed at Westminster, October 17, 1783, allowing six shillings to plaintiff or defendant for crossing the line of this State, be, and liereby is repealed.
Be it further enacted, that plaintiff or defendant living without this State, in any suit that shall be commenced before any court in this State, be allowed three pence per mile for travel from the line of said State to the court, on the most direct road from the place of residence of such plaintiff or defendant to such court.
AN ACT directing what money shall be legal currency in this State, and at what rate the same shall pass.
Be it enacted, &c. that all genuine coined gold, silver and copper shall be legal money in this State, and shall pass as follows, viz :- all gold coin of the fineness of a half johannes, shall be at the rate of five shillings and four pence a penny weight ; silver coin estimating the silver Spanish milled dollar weighing not less than seventeen' penny weight and six grains, at six shillings each, and all other silver coins in proportion there- to, according to its weight and fineness ; and all genuine coined coppers, three of which weighing not less than four penny weight fifteen grains each, shall pass for two pence.
504
LAWS PASSED, OCTOBER, 1785.
AN ACT to vacate the record of a deed on the book of records in the town clerk's office, in the town of Windsor.
Whereas, it appears by the testimony of sundry persons, and espe- cially by the testimony of the former town clerk for said town of Wind- sor, that the record of a certain deed or conveyance of land, made by Watts Hubbard of said Windsor, to Benajah West, of Albany county, and David West, Elisha West, Mary West, and Abigal West, of Dutchess county, in the (then) province of New-York, made and executed on the eighth day of December, Anno Domini, seventeen hundred and seventy- five, was made on the said town book, through mistake, and contrary to the direction and intention of the person having the controul of the same,- by reason of which record, it appears that great injury may be done to the persons who have the equitable controul of said deed, unless the same record can be vacated so tar as to destroy its operation as evidence in courts of law, of the deed of which it appears to be a transcript ;
Which evil to prevent,
Be it enacted, &c. that the record of said deed, as entered on the first book for recording deeds, in said town of Windsor, in the tenth and eleventh pages of said book, dated February 22, 1782, be, and the same is hereby declared to be, void, and the same shall not be received or ad- mitted, in any court of law, as evidence of such deed of which it appears by said record to be a transcript.
AN ACT to continue in force the Laws of this State.
Be it enacted, &c. that every act and law of the Legislature of this State, which has not been expressly repealed or expired by its own lini- itation, be, and hereby is, continued force, until the rising of the General Assembly, in October next.
LAWS PASSED AT RUTLAND, OCTOBER SESSION, 1786.
AN ACT to make such articles a tender upon execution, to the inhabi- tants of either of the United States, as are, by their respective laws, a tender upon execution.
Be it enacted, &c. that all articles, of what nature or kind soever, which now are, or hereafter shall be, by the laws of any or either of the United States of North-America, made a lawful tender upon an execu-
505
LAWS PASSED, OCTOBER, 1786.
tion, shall, during the existence of such laws, be a lawful tender, upon an execution to the inhabitants of such respective State, within this com- monwealth.
And be it further enacted, that if any or either of the said United States, or either county thereof, shall, by reason of their civil commo- tions, tumults, riots, or disorders, be in such a situation that the inhabi- tants of this commonwealth cannot, by law, recover debts in such State or county ; the inhabitants of such State or county shall be precluded from commencing any civil action in this State, against any subject there- of, or from recovering any judgment against either the subjects of this State, until the free exercise of law, for the recovery of debts, be restored to the subjects of this State, in such State or county.
AN ACT for prolonging the time in which the grantees of the lands, granted by this State, are obliged to settle the same.
Be it enacted, &c. that no forfeitures of lands, granted by this State, shall be taken till three years after the outlines of the town or towns in which the lands lie, have or may be run by order of the Legislature.
AN ACT to repeal part of an Act, entitled, " An Act constituting the Superior Court a Court of Equity, and declaring their power."
It is hereby enacted, &c. that such part of an act, entitled, " An Act constituting the Superior Court a Court of Equity, and declaring their power," as authorises the Governor, Council, and General Assembly, to hear and determine cases in equity, be, and is hereby repealed.
AN ACT to prevent the sale and transportation of Negroes and Mo- lattoes out of this State.
Whereas, by the constitution of this State, all the subjects of this com- monwealth, of whatever colour, are equally entitled to the inestimable blessings of freedom, unless they have forfeited the same by the commis- sion of some crime ; and the idea of slavery is expressly and totally ex- ploded from our free government.
And whereas, instances have happened of the former owners of Ne- gro slaves in this commonwealth, making sale of such persons as slaves, notwithstanding their being liberated by the constitution ; and attempts been made to transport such persons to foreign parts, in open violation of the laws of the land.
Be it therefore enacted, &c. that if any person shall, hereafter, make sale of any subject of this State, or shall convey, or attempt to convey,
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506
LAW'S PASSED, OCTOBER, 1786.
any subject out of this State, with intent to hold or sell such person as a slave ; every person so offending, and convicted thereof, shall forfeit and pay to the persons injured, for such offence, the sum of one hundred pounds, and cost of suit ; to be recovered by action of debt, complaint, or information.
AN ACT defining and limiting the jurisdiction of Justice Courts within this State, and directing the proceedings therein.
Whereas, it is essential to the wise and happy administration of gov- ernment, and regular execution of law, that the jurisdiction of justices of the peace within this State, and there mode of proceeding, be exactly limited and defined : Therefore,
Be it enacted, &c. That every justice of the peace within his respect- ive jurisdiction, be and is hereby fully authorised and empowered, to hear, try and determine, all pleas and actions of a criminal nature, where the fines and forfeitures are within the sum of forty shillings, and the cor- poral punishment does not exceed ten stripes.
And be it further enacted, that every justice of the peace, within his proper sphere of jurisdiction as aforesaid, be, and is hereby fully authori- sed and empowered, to hear, try and determine, all pleas and actions of a civil nature (other than actions of defamation, and where the title of land is concerned) where the debt, or other matter in demand, does not ex- ceed the sun of four pounds ; and also to determine as aforesaid, on all specialties, notes of land, and settled accounts, not exceeding the sum of six pounds ; and to give judgment, and award execution thereon accord- ingly.
And be it further enacted, that every justice of the peace, within his proper jurisdiction may, on application made, grant a summons, warrant or attachinent, as the case may require, where the demand of the plaintiff' dothi not exceed the aforesaid sums, to cause the person or persons against whom application shall be made, or his or their goods, as the case may be, to be had before such justice, at such time and place as shall be directed in such precept ; which precept shall be directed to the consta- ble of the town where the defendant dwells, and shall be as follows, viz.
To either of the constables of -, in the county of -
By the authority of the State of Vermont, You are hereby com- manded to summon A. B. of -, in the county of -, to appear be- fore me, at -, on -, at - o'clock of said day, to answer to C. D. of -, in an action of plea to the damage of the plaintiff, six pounds, or under. Hereof fail not, and your doings hereon, with this summons, make due return according to law. Given under my hand at -, this - day of -.
E. F. justice of peace. [Councillor, or Judge, as the case may be.]
Or if a warrant or attachment.
To either of the constables of -, in the county of -----.
By the authority of the State of Vermont, You are hereby con-
507
LAWS PASSED, OCTOBER, 1786.
thanded to apprehend the body of A. B. of -, or to attach the goods or chattels of the said A. B. [as the case may be] and have him [or them] before me, at -, on , at - -- o'clock, [or forthwith in criminal cases] to answer to C. D. of -, in an action or plea [as in the sum- mons.]
And in case a constable cannot seasonably be had to serve any such summons, warrant, or execution, issued by a justice of the peace, any justice is liereby empowered to authorise any suitable person to serve the same, in manner following, viz : the justice shall insert on the back of the precept the following words, at the request and risque of the plaintiff, I authorise A. B. to serve and return this precept : and the person so authorised shall have all the powers of a constable in the service and return of such precept ; and no such precept shall be abated on any pre- tence whatsoever. And such attachment or warrant shall be served on the body or goods of the defendant, and by delivering to the defendant, or lea- ving at his last and nsual place of abode, a true and attested copy thereof, with the articles thereon attached : and summons shall be served by leav- ing an attested copy of the same with the defendant, or at his last and usual place of abode, or reading the same in his hearing ; at least six days before the day therein appointed for trial : and if any person or persons, so sum- moned, shall neglect or refuse to appear, judgment on default against such defendant or defendants shall be rendered, for such sum as to the justice shall appear just and reasonable, together with cost. And a judgment before a justice's court shall be a final settlement of all mutual demands between the parties to that time, within the cognizance of such justice.
Provided nevertheless, that if any defendant shall neglect, on such tri- al, to bring in his demand for a mutual balance and offset, he shall have liberty to bring his action for the recovery thereof within one year next after such trial ; excepting that in such case the plaintiff shall recover no cost, although he make his plea good : and cost recovered by either par- ty shall be as stated in the table of fees ; excepting that neither party shall recover for his cost, where there is no jury, more than eighteen shillings ; and if there shall be a jury, not more than twenty-seven shillings ; and excepting that no fees be allowed the plaintiff for his travel, and but two shillings for attendance.
And be it further enacted, that in all cases where judgment is render ed before a justice, execution shall be stayed thirty days after such judg- ment, and shall be returnable within sixty, after the issuing thereof ; ex- cept the party recovering shall satisfy the justice that he is in danger of losing his money by such delay ; in which case, execution may be grant- ed immediately, returnable within ninety days from the issuing thereof. And if any action, in this act made cognizable before a justice of peace, slrall be brought before any county or supreme court, the plaintiff shall be non-sui: : and no judgment, rendered before any justice, shall be reversed by writ of error, or in any other way, except as is in this act hereafter provided.
And be it further enacted, that every justice of the peace, within the limits of his authority, be, and is hereby empowered to apprehend, or cause to be apprehended, and commit to prison, or bind over to be tried
508
LAWS PASSED, OCTOBER, 1786-
by the county or supreme court, all criminal offenders, the enormity o whose misdemeanors surpass his power to try.
And be it further enacted, that any person who shall think himself ag- grieved by the judgment or sentence of any justice of peace in a crim- inal action, shall have liberty, on giving security by way of recognizance, to prosecute to effect, to remove the cause by certiotari, to the next su- ·preme court sitting for that county, there to be tried on the merits.
Provided nevertheless, that if, on the trial to be holden in such case in the supreme court, judgment shall be given for the party removing the same, he shall recover his cost ; and if judgment shall be given against such party, he shall pay double cost.
And be it further enacted, that no appeal or review shall hereafter be allowed from the judgment of a justice of the peace, to be rendered by virtue of this act ; any law, usage or custom, to the contrary, notwith- standing.
And be it further enacted, that this act shall not be in force or effect, until after the first Monday in December next.
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AN ACT to compel the fulfilment of Contracts according to the intent of the parties.
Whereas, many contracts have been, and probably will be made in this State, for the payment of different kinds of produce, wares and manufac- tures, at times therein limited : and whereas, it has frequently happened, that after the expiration of the times limited in such contracts, for pay- ment thereof, creditors have refused to accept of any thing but silver and gold in discharge of the same.
To remedy which in future,
Be it enacted, &c. that whenever any judgment shall hereafter be render- ed in this State, upon a contract made since the first of July, 1782, or to be made, for payment of the produce of this country, wares or manufac- tures, at a limited time and place therein mentioned, the same articles agreed upon in the contract only, shall be a tender upon execution to the officer having the same, at the place at which, by the contract, the pay- ment was or shall be limited to be made, if within this State ; and the officer shall be obliged to receive and cause the same to be appraised, agreeably to an act passed by the Legislature of this State, in February, 1783, entitled, An act, in addition to an act, entitled, " An act directing and regulating the levying and serving executions :" and from, and immediately after, such appraisal, the goods appraised shall be the pro- perty, and be at the risk of the creditor.
And be it further enacted, that the respective justices, and clerks of courts, before whom such judgment shall be rendered, shall certify, under their oath of office, the place, and kind of produce, wares or manufac- tures, in which such contracts ouglit to be paid, agreeably to this act.
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